Lovett v. Kingsland
New York Supreme Court
THIS action was 'brought to obtain a construction of the. will of George Lovett, late of the city of Hew York, deceased. He died in the city of Hew. York on the 5th of January, 1864, leaving his daughters, Augusta Gillender, wife of Bccles Gillender, and Mary Kingsland, wife of Ambrose 0. Kingsland, Ms only heirs at law, and entitled to his personal estate in case of intestacy.
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THIS action was 'brought to obtain a construction of the. will of George Lovett, late of the city of Hew York, deceased. He died in the city of Hew. York on the 5th of January, 1864, leaving his daughters, Augusta Gillender, wife of Bccles Gillender, and Mary Kingsland, wife of Ambrose 0. Kingsland, Ms only heirs at law, and entitled to his personal estate in case of intestacy. He also left the following named grandchildren: Helena L. Gillender, daughter of Augusta Gillender, and Ambrose 0. Jr., George L., Henry P., Augusta L., Mary H., Daniel 0. Jr', Cornelius F., Albert A. and Walter F.…
1Opinion of the Court
•Sutherland. J.
It is plain, I think, that the will must be construed without the aid of the doctrine of equitable conversion.
The testator says, “it is my will that no part of my real estate be sold or incumbered during the lives of my two daughters, or either of them,” &c. The power of sale which is given to the executors, is a power to sell and convey after the death of the testator’s two daughters, for the purpose of the intended future division or distribution. How, then, can we in construing the-will now, in the life time of the daughters, consider the real estate included in the gift to…
2Cited by2 opinions
- Duffy v. DuffyNew York Supreme Court · 1888
- Bonard's WillNew York Surrogate's Court · 1872